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(영문) 서울서부지방법원 2018.07.04 2017가합35359
차임지급청구
Text

1. As to KRW 477,046,937 and KRW 468,381,624 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 12, 2018 to July 4, 2018.

Reasons

Facts of recognition

On August 4, 2014, the Plaintiff concluded a lease agreement between the Defendant and the Eunpyeong-gu Seoul Building (hereinafter referred to as the “instant building”) to lease the two underground floors and the first floor and the second floor from August 4, 2014 to June 2019 with the lease term of KRW 1.3 billion, the lease deposit of KRW 40 million, the monthly rent of KRW 40 million, and the monthly management expenses of KRW 7.2 million (the monthly rent and monthly management expenses shall be the separate value-added tax, the monthly payment of KRW 30,000,000,000 (hereinafter referred to as “monthly rent, etc.”).

(2) The Plaintiff and the Defendant agreed to pay the rent, etc. under the instant lease agreement from December 2014 to January 2016, the monthly rent of KRW 25 million and KRW 4 million for monthly management expenses from March 2015 to January 2016. On April 20, 2016, the Plaintiff and the Defendant agreed to change the rent, etc. from January 2017 to KRW 46 million.

On April 21, 2017, the Plaintiff sold to D the entire portion of the instant building (with the section of exclusive ownership No. 101 to No. 1301 of the first floor) with the exception of No. 501 of the fifth floor among the section of exclusive ownership, and completed the registration of ownership transfer in D’s name on June 20, 2017.

(The Plaintiff and D agreed to receive a lessor’s status under the instant lease agreement by June 20, 2017, which was sold to E on April 21, 2017, and the ownership transfer registration was completed to E on June 20, 2017. The Plaintiff and D agreed to receive a lessor’s status under the instant lease agreement by June 20, but the rent, etc. by June 20, 2017.

As shown in attached Table 2, from August 2014 to January 2016, the Defendant repaid each of the Plaintiff KRW 1.36,297,020, in total, from January 2016 to January 2018, 436,297,020 as the name of repayment, such as rent, etc.

(2) Of the 300 million won that the Defendant paid to the Plaintiff on January 28, 2016, KRW 270,702,980 was appropriated for the lease deposit, the remainder of KRW 29,297,020, respectively). In addition, on June 9, 2016, the Defendant assumed the Plaintiff’s debt of KRW 87 million against the Plaintiff’s F and repaid the Plaintiff’s rent of KRW 87 million instead.

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